The Truth Of The Matter As It Relates To » Employment Law Lunch Hour
[mage lang="" source="flickr"]employment law lunch hour[/mage]
Can anyone help with UK employment law ?
I'm currently employed to work 40 hours per week from 8:30 to 17:00 monday to friday with half hour lunch unpaid, And Saturday mornings from 8:30 to 12:30 on a rota basis. The position is salaried (no overtime applicable). My gripe is that I do not get paid at all for working Saturdays. I spoke to my boss and he said that if I don't work Saturdays then I should find another job.
Is this Legal?
Any advise would be great.
What does your contract say? If it says 40 hours then that takes care of Monday-Friday and saturday should be paid in addition. Your boss simply cannot make you work extra hours without pay, especially on a regular basis. However if youre on a salary, and youre contract doesnt stipulate the exact hours (which it should, either the times or hours per week) you need to multiply your gross pay x 12 and divide by 52 (to get a weeks wage) then divide by 40+ the average hours you do on a rota ie +2 if its every other saturday, +1 if its once a month, then youll have your hourly pay which should be over the nmw which is £5.25 over 22 (i think).
If its less than national minimum wage, you can complain to an Industrial tribunal as this is a breach of your statutory rights (as you can if your contract doesnt state the hours).
To not pay you is also a breach of your statutory rights, its an 'illegal deduction from wages' and you can also take your boss to a tribunal to get this back.
Best bet is to contact your local CAB or ACAS or an employment solicitor if you have any in your area. To do anything you need to first put in a grievance to your employer and there are specific procedures to follow if you want your case to be successful.
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May 1st, 2010 at 9:53 pm
Hang in there. Con law is designed to be boring.